Digital Economy Act challenged in High Court

Nearly 8 million Brits regularly download illegally

Sections of the UK's controversial Digital Economy Act are being challenged in Britain's High Court this week.

ISPs BT and TalkTalk both called for the judicial review, claiming that the original legislation was rushed through parliament too quickly, without proper debate or consideration.

Both companies are unhappy with the impact the Digital Economy Act may well have on individual users' right to privacy, in addition to the fact that it puts the onus on ISPs to police online copyright theft.

Simon Milner, BT's head of industry policy, notes that it is a "big deal to be judicially reviewing primary legislation but we took advice and there were very clearly were some real problems," hence the company is "going to court to get legal clarity".

Policing the pirates

The UK High Court will now be required to consider whether or not the Digital Economy Act is in line with European legislation.

ISPs such as BT and TalkTalk would rather consider a different approach, such as blocking selected sites, as opposed to mass letter writing to warn alleged pirates following tip-offs from rights owners, which is the current recommendation from the Act.

Discredited legal firm ACS: Law recently hit the headlines earlier this year after sending out thousands of letters on behalf of its client Mediacat, with the latter company since having ceased trading.

British dance record label Ministry of Sound has recently reviewed its own strategy of bombarding alleged filesharers with threatening letters.